Important Decision.

Manawatu Herald, 25 October 1900, Page 3

Important Decision.

COVENANT RIGHTS

The Appeal Court was engaged on Tuesday in hearing argument in a case Staples and Co. v. Corby. The circumstances briefly are that under a judgment of the Court of Appeal an injunction was granted compelling P. W. Corby, of the Prince of Wales Hotel, to abide by a covenant which he had entered into with Staples and Co., in which he had agreed to purchase their ales under certain conditions. Subsequently, Corby sought to have the land on which the hotel was built brought under the provisions of the Land Transfer Act. This was, however, opposed by J. Ziman, an executor of the late B. Cohen, a former occupant of the premises, and by whom the covenant with Staples and Co. was made. It was eventually decided to bring a test case to decide the rights of all parties, and Mr Justice Edwards gave judgment in favour of Corby and the Land Registrar, who had been joined as a party. His Honor held that Corby was entitled to bring under the provisions of the Act, without note on the certificate, land which was subject to such a covenant as had been negotiated between the parties in this case. Appellants contend that the result of the judgment is to destroy or render worthless, a covenant right. Messrs, H. D. Bell and C. B. Skenett are ap- : pearing for appellants, and Mr C. B. Morrison for the respondents. — N.Z. Times.